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Grainsky v. Interborough Rapid Transit Co.

97 N.Y.S. 1135 Court N.Y. App. Term English

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p. 1135
GRAINSKY, Appellant, v. INTERBOROUGH RAPID TRANSIT CO., Respondent.
(Supreme Court, Appellate Term.
March, 1906.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Louisa Grainsky against the Interborough Rapid Transit Company. From a judgment in favor of defendant, plaintiff appeals. Reversed. Hamburg & Frank, for appellant. Charles A. Gardiner (G. Tarleton Goldthwaite, of counsel), for respondent.

The recent cases of Busch v. Interborough Railroad (decided by the Appellate Division, First Department. January 26, 1906) 96 N. Y. Supp. 747 , and Rein v. Brooklyn Heights Railroad, 47 Misc. Rep. 675 , 94 N. Y. Supp. 636 , are decisive of the question presented upon this appeal and require a reversal of the judgment appealed from. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.